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RL Drolet Patent Prosecution Services

3 case appearances — 1 as plaintiff counsel · 2 as defendant counsel.

Attorneys

Further reading

Prior art and § 102 novelty
Most issued patents have anticipating prior art that the examiner missed. The work is finding it and proving the date.
eBay Inc. v. MercExchange (2006)
Pre-eBay, an injunction was a kill switch a patent holder could threaten. Post-eBay, the worst is monetary damages — and for an NPE that wants license fees anyway, the four-factor test usually fails on the irreparable-harm prong.
The America Invents Act (2011)
The AIA was the structural reform that gave defendants modern tools — IPR, broader prior art, joinder limits. The unfinished work is cost: AIA didn't make defense free, it made defense possible.
Examples of NPE shell companies: how patent trolls structure their entities
The shell company is the patent troll's signature legal artifact. Knowing the structures lets you read the litigation strategy off the corporate filing.
Alice Corp. v. CLS Bank International (2014)
Bolting 'on a computer' onto an abstract business process doesn't make it patentable. Most software and business-method patents that look like 'doing X on a computer' don't survive when seriously challenged under Alice.